About this Show

CNN Newsroom

News/Business. Latest on the day's top news stories with a focus on global news, trends and destinations. New.

NETWORK
CNN

DURATION
01:00:00

RATING

SCANNED IN
Annapolis, MD, USA

SOURCE
Comcast Cable

TUNER
Port 1234

VIDEO CODEC
mpeg2video

AUDIO CODEC
mp2

PIXEL WIDTH
720

PIXEL HEIGHT
480

TOPIC FREQUENCY

Us 11, Florida 10, Maine 8, Washington 8, New York 7, Colorado 7, U.s. 5, Cisco 4, Cia 4, Superstorm Sandy 4, Avery 4, Cnn 3, Iraq 3, Afghanistan 3, David Petraeus 3, Chris Christie 3, Richard Herman 2, Petraeus 2, Usaa 2, Nick 2,
Borrow a DVD
of this show
  CNN    CNN Newsroom    News/Business. Latest on the day's top news stories  
   with a focus on global news, trends and destinations. New.  

    November 10, 2012
    12:00 - 1:00pm EST  

12:00pm
fbi was investigating the retired four star general after allegations surfaced he was having an affair with a woman who was writing his biography. paula broadwell. the official says there were concerns petraeus as head of the cia could be blackmailed. he acknowledged an extramarital affair in his resignation letter to colleagues. it's not clear if broadwell is the woman who was having an fair with. we've been unable to reach her for comment on this. now petraeus was appointed cia chief last november. before that, he was the commander of u.s. and nato forces in afghanistan. we get more on his legacy and unexpected resignation from chris lawrence. >> reporter: he sent this letter to the rest of the cia on friday admitting to them that he had an affair and that he went to the white house on thursday and asked president obama to accept his resignation. on friday, during a phone call, the president did accept that
12:01pm
resignation. effectively shaking up the national security team just days after the election. by the time david petraeus got his first taste of real combat, he was a 50-year-old major general. in 2003, he commanded the 101st airborne during the march on baghdad. it was in iraq that he asked a roert, tell me how this ends suggesting trouble the u.s. would have there in later years. they gained the nickname king david, used affectionately by supporters and by those who labelled him a celebrity general in 2007 president bush assigned petraeus to lead the troops in iraq and he wrote the petraeus doctrine. a scandal brought him back to command another war when president obama fired stanley mcchrystal for his unflattering comments to "rolling stone,"
12:02pm
obama tapped general petraeus as the man to staff the war effort. because of his name recognition among the american people, petraeus was surrounded by speculation that he had political ambitions. some wondered if he would appear on the republican presidential ticket. but petraeus knocked down those rumors. >> we're not out there running a political campaign. we're running a war. >> reporter: at a senate confirmation hearing to head the cia, petraeus admitted president obama decided to withdraw thousands of troops from afghanistan, significantly faster than petraeus wanted. >> the ultimate decision was a more aggressive formulation, if you will, in terms of the time line, than what we had recommended. >> reporter: petraeus's wife holly sat behind him during that testimony and petraeus publicly praised her. >> she is a simple of the strength and dedication of families around the globe who
12:03pm
waited home for their loved ones while they're engaged in critical work in afrg, eghanist iraq, and iran. she's hung tough. >> the chairwoman of the senate intelligence kmnt dianne feinstein called his resignation tragic and said she wished president obama had not agreed to accept it. we're told that president was opposed to accepting petraeus' resignation but petraeus insist the it was something that he had to do. susan? >> all right. thank you. appreciate that report. turning now to the recovery from superstorm sandy. nearly two weeks after the storm, new jersey governor chris christie said he expects nearly all the power to be restored statewide by tonight. but some 151,000 hose holds across new york are still without power. cnn national correspond susan candiotti is in a long island town where people are doing what they can to survive until their
12:04pm
power comes back. >> reporter: i'm in the town of hempstead, long island, new york, where a make shift help center is set up to give residen residents things to get them through this crisis, water, clothing, they have pet food here, baby supplies, everything to help people get through this mess. one of the people that is helping out who is also a victim is jim. jim, you work for the parks department here. your house was flooded. how are you getting through this? >> it's not easy, believe me. it's not easy. >> reporter: what's the hardest part? >> the hardest part is the cold weather and not able to see my kids. i had to put my kids out with family members. >> reporter: have you been trying to get answers and when the frelectricity will come bac? >> yes. i'm not getting answers. the town is not getting answers. >> reporter: if it takes them until thanksgiving, christmas, can you make it? >> no. my wife and i had this
12:05pm
discussion last night. that would be -- that's way out of whack. i can't see that happening. they didn't have that much destruction, i don't think. >> reporter: and now it's a matter of getting through the next days and weeks until they get some help. we're getting no answers from the utility company. that's the problem for everyone here. susan candiotti, hempstead, new york. >> they still need so much help. if you'd like to pitch in for the storm victims in the northeast, it's he's why toy do. log on to cnn dots come/impact. you'll find all kinds of information on how to contribute to the relief effort. just ahead, it is certainly not easy trying to return to a normal life after being in a war zone. but a cnn hero is helping veterans try to make that transition. and you'll also meet a man who helps rescue soldiers' legacies by finding their lost combat medals. a short word that's a tall order. up your game. up the ante.
12:06pm
and if you stumble, you get back up. up isn't easy, and we ought to know. we're in the business of up. everyday delta flies a quarter of million people while investing billions improving everything from booking to baggage claim. we're raising the bar on flying and tomorrow we will up it yet again.
12:07pm
and the candidate's speech is in pieces all over the district. the writer's desktop and the coordinator's phone are working on a joke with local color. the secure cloud just received a revised intro from the strategist's tablet. and while i make my way into the venue, the candidate will be rehearsing off of his phone. [ candidate ] and thanks to every young face i see out there. [ woman ] his phone is one of his biggest supporters. [ female announcer ] with cisco at the center... working together has never worked so well. to compete on the global stage. what we need are people prepared for the careers of our new economy.
12:08pm
by 2025 we could have 20 million jobs without enough college graduates to fill them. that's why at devry university, we're teaming up with companies like cisco to help make sure everyone is ready with the know-how we need for a new tomorrow. [ male announcer ] make sure america's ready. make sure you're ready. at devry.edu/knowhow. ♪
12:09pm
welcome back. the 2012 election is barely over. would you believe political junkies are wondering who may be running for president in 2016? paul steinhouser takes a look at the names being whispered in political circles. paul? >> reporter: susan, call it the never ending campaign. when one election ends, the next one begins. >> i have just called president obama to congratulate him. >> i just spoke with governor romney and i congratulated him and paul ryan on a hard fought campaign. >> reporter: with the 2012 election barely in the rearview mirror, we're already thinking
12:10pm
about the next road to the white house. marco rubio heads to iowa next weekend to headline a republican event. does the popular gop senator from florida have designs on running for the next republican nomination? a source close to rubio says that kind of talk is way too premature. but ads about the state that kicks off the presidential caucus and primary calendar, it's always good to have friends in iowa. rubio is just one name in a large list of republicans who may consider runs for the white house. they include governors chris christie of new jersey, bob mcdonald and scott walker of wisconsin, ran paul of kentucky and john thune of south dakota, jeb bush of florida, former senator rick santorum who battled mitt romney deep into the primary, former governor mike huckabee who ran for president four years ago and the past two republican running mates, congressman paul ryan and former alaska governor sarah palin. as for the democrats, the vice president keeps dropping hints
12:11pm
of running again for president. here's joe biden from election day. >> next time goug to vote for yourself? >> i don't think so. >> even though she keeps saying no to running, there are tons of democrats who hope secretary of state hillary clin will eventually say yes. as for the new names, keep your eyes on maryland governor martin o'malley and new york governor andrew cuomo. now i can keep going. we don't have the time. if you think i'm jumping the gun, listen to this reputable guy. >> the political news junkies like me, it's never too early to think about ohio, new hampshire, and all the rest. >> reporter: call this the beginnings of the preseason when white house contenders write books, start up packs, campaign for fellow candidates and start building up friends in the early primary and caucus states. susan? it seems like it is too early. i don't know. we appreciate that, paul. thanks for that report. you know, a medal won in battle is a small reminder of a big event in a soldier's life. the memories last but not always the medals.
12:12pm
sometimes they get lost. when that happens, one man made it his mission to find them and return them. this is his story. ♪ >> my dad, was a veteran of the first world war, a big war. he lost his right leg fighting in france. he received a purple heart for that. >> we had it for many years in my home where i grew up. >> it was lost in some manner in one of his moves and later in his life. >> i found his medal on craigslist. this has been a calling of mine for about the last three years. i locate lost or stolen medals. these are all the purple hearts that i'm currently working. some i located the families, some i haven't. i do these on my own time. i don't consider it a hobby. it's more of a calling and an honor. i myself have a purple heart. it hangs on the wall in my mother's home. i would hope one day if my medal
12:13pm
was lost, someone would do the same thing for me and my family. it is truly an honor to bring his purple heart home to his family. and i am very humbled by his sacrifice. it is a great honor to bring home his purple heart. thank you very much. >> the medaleans a lot to me, especially and to our family. >> i'm glad it's home to where it belongs. and i move on to the next medal. ♪ >> you can see more stories about soldiers who have sacrificed for their country on veterans in focus sunday at 2:30 p.m. eastern time. voters in colorado and washington state said yes to legalizing recreational marijuana. but will legal challenges put the brakes on things? our legal guys will weigh in coming up. [ male announcer ] when it comes to the financial obstacles
12:14pm
military families face, we understand. at usaa, we know military life is different. we've been there. that's why every bit of financial advice we offer is geared specifically to current and former military members and their families. [ laughs ] dad! dad! [ applause ]
12:15pm
♪ [ male announcer ] life brings obstacles. usaa brings advice. call or visit us online. we're ready to help.
12:16pm
with odor free aspercreme. powerful medicine relieves pain fast, with no odor. so all you notice is relief. aspercreme.
12:17pm
the voters of colorado and washington state have spoken. they made it clear. they want to make it legal to smoke pot recreationally. the colorado governor says not so fast. he said this his words, federal law still says marijuana is an illegal drug so droeon't break the cheetos too quickly. there could be several legal challenges ahead on.
12:18pm
this we want to bring in the legal guys, the experts, avery freeman in cleveland. and richard herman, a law professor joins us again from las vegas. great to see you both. >> hi, susan. >> hi, susan. >> avery, we want to start with you on this. washington state and colorado passing marijuana laws. there are still tough federal laws as i mention. who comes out on top here? >> at the end of the day do we treat marijuana like heroin under federal law or should it be taxed like in prohibition, the end of prohibition? ultimately, i think the decision is that congress is going to have to change the federal controlled substances act which again makes marijuana treated like heroin and say ultimately in an act of federalism, let the states decide.
12:19pm
right now the federal government says it's unlawful. it's a federal crime. without congressional action, the prosecutions, i think, will continue and will ultimately look to congress to change the law to defer to the states. >> richard, what do you think? the enthusiasm is certainly here. the vote to legalize marijuana got more votes this week from state voters than voters gave barack obama. so people have a voice on this. what do you think about it? >> i think it gives new meaning to rocky mountain high. don't you think so? i know up in washington they're going to dismiss, you know, hundreds of misdemeanor crimes that are pending on the books right now for possession of marijuana. >> that's right. >> but avery brings out the point. and that is we remember back in the arizona case with the immigration law that arizona enacted into state law versus the federal law. the federal law always trumps state law. and right now it is illegal federally to have this. even six plants. but do you really think six
12:20pm
plants -- could you eat six potato chips, six colonels of popcorn? i don't know. congress may have to step in as avery said because right now federally speaking and, look, let's face it, the attorney general has his hands full these days. i don't know if he's going to gear up and legislate and go after and shut down states like colorado and washington. >> he may not stick around. >> good point. >> he went to baltimore law school this week and he refused to commit. >> this brings up let's tax it and bring income to each state. marijuana is less dangerous than something like alcohol. and that's legal. what's your response to that? >> well, you know, americans spend literally tens of billions -- billions every year on marijuana. this is the same thing that went on with alcohol. ultimately, we have eight to ten states already that attempted to
12:21pm
legalize or decriminalize marijuana. so something's got to be done. you know what? if people are spending that kind of money, susan, maybe it is time to tax that, you know, that drug, if you will. i mean we're all in tough economic times. so it seems like at least the voters in washington state and the voters in colorado are saying that's what we're going to do and look for other states, maybe not in the south, to follow suit and probably change the laws when it comes to marijuana. >> yeah. the colorado governor saying don't bust out the cheetos too fast. go ahead, richard. >> yeah. in los angeles, there are more medical marijuana dispensaries than starbucks in los angeles. >> what do you think of that? this could be the future. >> it could be. >> it tells you something though. >> speaking of drugs, we're staying on this point. >> a lot of injured people. >> we want to talk about drug sniffing dogs and the reliability of that evidence. avery, do you think it should hold up in a court of law or do
12:22pm
you think it should be like a lie detector test where, yes, it is used, but it may not be enough to prosecute? >> you know, the supreme court heard arguments on that very issue a short time ago. i love this case. the question is the supreme court of florida said in validating dog sniffing evidence that came out of there that we have this mythic belief and kind of superstition to believe the reliability. the florida supreme court said no. and the arguments before the u.s. supreme court, even the justices started growling about it. i mean the truth is in places where there's no reachable expectation of privacy like airports and baggage claims, it may very well be admissible. the issue before the supreme court on this, susan, is whether or not that can be used where dogs go to someone's home. and i think the supreme court is going to rule that that violates
12:23pm
the fourth amendment against unreasonable search and i think we're in the midst of a very new jurisprudence when it comes to the dog sniffing parts of evidence that we're seeing. i think it's a brand new world on that part of the evidence that, of course, you'll be considering. >> richard, what do you think about this? the dogs are rewarded if they find drugs. could this hamper the reliability of the dog and what it thinks? >> yeah, there are statistics on this that show 12% effective rate with the dogs. and the handlers don't want you to get into their history. that could undermine the findings. i don't trust these dogs, susan. i've had cases where a driver was pulled over off the highway. they took that dog and walked around the vehicle like ten times. and then all of a sudden magically the handler flinched his hand, the dog alerted. now we're going in. it was ridiculous.
12:24pm
it was just ridiculous. avery, what he's talking about with the house situation is the house sniffing at the front door and alerting now they can bust open the door without a warrant and search your house. that's a problem. i agree with avery. the supreme court is going to reject and prohibit this type of behavior. >> why do you think it's just come willing to a head here? it seems like the reliability of the dogs have been used in the past in many cases. >> i don't know, susan. it never made any sense to me. why should dog sniffers be any more reliable than any other form of evidence? shouldn't there be tests of trustworthiness and reliability? that's exactly what the supreme court is looking at. i think it's time to really bring the answer, answer the question of whether or not we should trust the dog sniffing dogs. >> let's talk about a controversial mural removed about it governor of maine and now judges are trying to decide
12:25pm
if the art is private, first amendment protected speech or not. i know you have a lot to say about that one. and there is already fallout from the election. an ohio coal company says they'll have to lay off workers because of some things that president obama wants in his second term. we'll explain that. if you have to go out today, just reminder, you can continue watching cnn from your mobile phone. you can also watch cnn live from your laptop, too. just go to cnn.com/tv. [ man ] in hong kong, on my way to the board meeting... anne's tablet called my phone. anne's tablet was chatting with a tablet in sydney... a desktop in zurich... and a telepresence room in brazil. the secure cloud helped us get some numbers from my assistant's pc in new york. and before i reached the top, the board meeting became a congrats we sold the company party. wait til my wife's phone hears about this. [ cellphone vibrating ] [ female announcer ] with cisco at the center, working together has never worked so well. [ female announcer ] with cisco at the center,
12:26pm
if we want to improve our schools... ... what should we invest in? maybe new buildings? what about updated equipment? they can help, but recent research shows... ... nothing transforms schools like investing in advanced teacher education. let's build a strong foundation. let's invest in our teachers so they can inspire our students. let's solve this. how they'll live tomorrow. for more than 116 years, ameriprise financial has worked for their clients' futures. helping millions of americans retire on their terms. when they want. where they want. doing what they want. ameriprise. the strength of a leader in retirement planning. the heart of 10,000 advisors working with you one-to-one. together for your future. ♪
12:27pm
consider the silverado 1500 -- still the most dependable, longest-lasting full-size pickups on the road. and now we've also been recognized for lowest total cost of ownership -- based on important things, like depreciation, fuel, and maintenance costs. and now when you come in, you can trade up to get a total value of $8,000 on a 2012 chevy silverado all-star edition. from outstanding value to standing the test of time, chevy runs deep. with odor free aspercreme. powerful medicine relieves pain fast, with no odor. so all you notice is relief. aspercreme. there are new details about
12:28pm
the retired cia director david petraeus. he stepped down yesterday citing an extramarital affair. the fbi was investigating allegations that petraeus was having an affair with his biographer. the official says there were concerns an affair could make petraeus subject to blackmail. a train derailment near the myanmar border killed 25 people. the train was hauling cars filled with gasoline and diesel fuel when it overturned near a station. people ran up to collect some of that fuel, three derailed cars caught fire trapping them. another 62 were injured. the united nations has declared today as malala day. they're honoring that pakistani girl shot in the head. now a month later, she is recovering well at a british hospital and people from all over the world have sent her cards to wish her a fast recovery. after the headlines, these
12:29pm
stories are trending now on cnn.com today. it looks like some post election fallout. an ohio coal company says they have been forced to lay off 160 workers. it blames the bleak economic prospect facing the coal industry as the president heads into his second term. they include pending epa regulations and the possibility of new taxes it is headed by a prominent mitt romney donor. here is a buyout. priceline acquired kayak. they paid $1.8 billion. some consider that overpriced. it is good news for kayak shareholders, though. kayak closed at $31. the takeover price was $40 a share. and los angeles lakers fans, they won't tolerate losing. the team lost every preseason game and it's just one in four in the regular season. so the front office moved fast. they fired second year head coach mike brown. the lakers are loaded with high
12:30pm
priced talent who have not produced wins, so they say. sometimes the wounds of war are not visible. our cnn hero today tells us how she helps veterans with ptsd.
12:31pm
12:32pm
one is for a clean, wedomestic energy future that puts us in control. our abundant natural gas is already saving us money, producing cleaner electricity, putting us to work here in america and supporting wind and solar. though all energy development comes with some risk, we're committed to safely and responsibly producing natural gas. it's not a dream. america's natural gas... putting us in control of our energy future, now. a short word that's a tall order. up your game. up the ante. and if you stumble, you get back up. up isn't easy, and we ought to know. we're in the business of up. everyday delta flies a quarter of million people while investing billions improving everything from booking to baggage claim. we're raising the bar on flying and tomorrow we will up it yet again.
12:33pm
each week we're shining a lite on the top cnn heroes. as we remember our veterans this weekend, we want you to meet one woman who is on a very special mission. she is an army vet who helps returning u.s. troops, many of whom suffer from the invisible wounds of war like ptsd and she is helped by man's best friend. >> when i got back from iraq, i stood away from large crowds, malls, movies. >> i wouldn't leave the house. >> i stayed inside. windows were blocked out. >> i was really numb. i didn't feel like i had a purpose. >> nightmares constantly. flash backs. everything to me is still a combat zone. >> veterans with invisible wounds, we can't see a wheelchair, a prosthetic leg. they appear like you and i.
12:34pm
but they're suffering goes so deep it touches the soul. i learned how to train dogs while i served in the war. i knew a dog can add a lot in your life. i realized this is what i was supposed to do. my name is mary cortani. i match veterans with service dogs, train them as a team so that he can navigate life together. when a veteran trains their own service dogs, they have a mission and purpose. >> talk to him. tell them they did good. dogs come from shelters, rescue groups. they're taught to create a spatial bayier ken aalert them when they start to get anxious. >> are you zma are you getting overwhelmed? focus on maggie. >> the dog is capable of keeping them grounded. >> you're focusing on him. and he's focusing on everything around you. you start to see them get their confidence back. communicate differently. they venture out and beginning to participate in life again.
12:35pm
being able to help them find that joy back in their life, it's priceless. >> and mary joins me now. great to talk to you. >> good morning, susan. thank you for doing this. >> we're thrilled at what you do. how did you feel when you found out that you were a cnn hero's finalist? >> oh, my goodness. i keep saying this over and over. i can't find any other words than wow. it is surreal. and it's just amazing. >> you obviously knew there was a need for this. did you find that these men and women didn't want to talk about it, that they were suffering in silence? >> oh, absolutely. we still see that each and every day. the veterans in our program, you know, 85% of the veterans in the program are from the iraq and afghanistan wars. we also have vietnam veterans
12:36pm
and desert storm veterans. and they hide. they don't know thou go get help. and as a soldier, you're not taught to seek help. you're taught to give help. >> do you think in a sense they feel as though maybe it's sign of weakness to say i'm not doing well here. i need help? >> oh, absolutely. and with the pressures of, you know, changing from military life to civilian life and you add the injuries to it and they'll justin -- just continue to withdraw and take action that is going to end their lives because they feel hopeless and helpless. >> well, that's where you step in and i found it fascinating watching your story that the dogs can actually sense when he or she is getting anxious and they help out with that. >> absolutely. dogs see the world through their nose. they don't see it through their eyes like humans.
12:37pm
so, you know, they're more sensitive to the changes that go through us as we experience different things whether it's joy, stress, anxiety, hyper vigilance, diabetes, epilepsy. they have the ability to sense those chemical changes and biological changes within our body. and if we tune in to it and pay attention to their body language or what they're trying to tell us, we can learn a lot. and it's amazing because in our world and what i teach our veterans is to pay attention to the obedient disobedience. when you have a well trained animal who is trained in numerous tasks to help you navigate life and all of a sudden you tell him sit and they don't want to sit, well, why is it? >> all right. mary, you're doing amazing things helping so many. you truly are a cnn hero. thank you. great to talk to you. >> oh, thank you very much for
12:38pm
bringing a light to the issue that our men and women are suffering with inindividualible wounds. >> they no longer have to because of you. appreciate. that mary is just one of our top ten honorees. one of whom will become cnn's hero of the year and receive $250,000. who will it be? you decide. go to cnnheroes.com on line and on your mobile device and vote up to ten times a day every day. a man could find himself in legal trouble over the 140 characters he typed on twitter during superstorm sandy. we'll talk to the legal guys about what if any legal action can be taken for false tweets. okay, now here's our holiday gift list.
12:39pm
12:40pm
aww, not the mall. well, i'll do the shopping... if you do the shipping. shipping's a hassle. i'll go to the mall. hey. hi. you know, holiday shipping's easy with priority mail flat rate boxes from the postal service. if it fits, it ships anywhere in the country for a low flat rate. yea, i know. oh, you're good. good luck! priority mail flat rate boxes. online pricing starts at $5.15.
12:41pm
only from the postal service. during superstorm sandy, social media is the only way people could receive or send information. it really became their life line, so to speak. but one man is accused of spreading outright lies on twitter about the storm and the midst of the chaos. and now an elected official is
12:42pm
pushing for him to be punished and face criminal charges. can that happen? our legal guys are back. avery friedman in cleveland and richard herman in las vegas. great to see you both again. avery, false tweets, can they be prosecuted or is it freedom of speech? >> well, you know, i wonder if it's either. the problem in a case like this, this is a person sending out all sorts of incorrect messages during this horrendous circumstance that new york suffered. many feel he should be prosecuted. i think morally that is a proper answer. the problem is this term, the u.s. supreme court in a case involving stolen valor, a guy named alverez who lied about receiving medals during the war, the supreme court held that those lies are constitutionally protected. so it seems to me that based on the alverez decision, this term by the supreme court, as bad as his behavior was during
12:43pm
hurricane sandy, he cannot be prosecuted constitutionally. i think the guy actually gets away with it. it's shame. but he's going to slide out of it based on the first amendment. >> it really is a shame. richard, what if a tweet took first responders away from an area where they really needed to be or is this a slippery slope in terms of social media, how much it should be relied on? >> that's a slippery slope. just as you said. you know, oliver wendell holmes said can you not cry fire in a crowded movie theater unless there is a fire. and here the question is, you know, does this type of speech, does this rise to the level of a false government warning or a false threat to the government? because if it does, then perhaps he can be prosecuted. and it's not so clear cut that he can't be in this particular case. but the end, the issue is can
12:44pm
you rely on this? who are these people? where is the basis for the foundation what they're saying? why should we rely on it? you know, you can't jump the gun and just, you know, go with it. there are too many nuts out there posting crazy stuff like this guy. >> yeah. avery, do you think that the laws will change with the technology that they just haven't caught up with this? do you see that happening in the future? >> well, that's a wonderful question. actually technology is so far ahead of where our laws are both federal and state. you know what? it's always going to be a struggle, susan, between trying to stop anti-social behavior in these tweets and freedom of expression under the first amendment. that balance test is the constant in federal and state courts. you know what? i don't know that the law is ever going to catch up with social media and technology. i think it's going to be case by case. always a struggle. always a battle in the courts. very difficult to answer. >> all right. we're switching to maine now. we're talking about one of the
12:45pm
most famous pieces of art work in maine. the governor ordered it to be removed. and the artist is claiming she does not want it to be removed because she was paid for this. confusing case here. richard, what do you think? >> i think that the governor should have taken a look at the picture before he ordered it taken down. that would have been nice. but, you know, here the government, the government in maine commissioned the picture. they put it up to send a message by the government and now the government in maine is determination they want to remove it and they can do that. they have every right to do that. and these people who are complaining about this and bringing litigation, they really -- this is not the artist who is commissioned. these are just the public. they don't have standing first of all. i don't believe they have any valid articlingmegument.
12:46pm
the government had a right to take this thing down. >> he was removed in 2011. some claimed it was like being brainwashed. but isn't it that their right to remove the art work if they want to no matter what the reasoning? >> well, it's government speech, at least the trial court found that. this week there were arguments in front of a three judge federal panel, susan. what the concern was, was it viewpoint discrimination. if it was, it's unconstitutional. the governor should not have taken it down. you know what? at the end of the day, i hate to do this, i agree with richard. i think that people who brought the suit don't have standing. i think the case is going to be thrown out on that technical argument. but i got to tell you something, i think this is a case that should go to a jury. decide is it government speech or viewpoint discrimination? i think there is an absence of standing. i don't think the case will ever get there. i think the governor gets away with banning the art and the
12:47pm
most famous art in maine is now gone. >> imagine being on that jury. richard, do you agree with avery? do you think it should go to a jury? >> i don't believe it should go to a jury. you think it's more famous than the zumba case in maine? >> yeah, that's right. that's in providence. that's still going on, right? >> this mural adorns the walls of the waiting room for people going in to workers compensation hearings. so while it was commissioned to show the history of workers in maine, there is an argument to take it down. the government decided we're going to take it down. the governor decided that. he has every right to do it. this should not go to a trial. this case is over. >> avery and richard -- >> i don't believe it. >> i know you're coming back again today. thank you so much. the legal guys are here every saturday at this time and at 4:00 p.m. to give us their take on the most intriguing little cases of the day. we love their takes on that. gabby giffords confronted
12:48pm
her gunman in court today and sat in the courtroom as she learned his fate. jared loughner is sentenced to life in prison without parole through the attempted assassination of gabrielle give fords. >> we're going to take a closer look at the obama care and you. snifrment and you pick the price that works for you.
12:49pm
great. whoa, whoa, jamie. watch where you point that thing. [ mocking ] "watch where you point that thing." you point yours, i point mine. okay, l-let's stay calm. [ all shouting ] put it down! be cool! everybody, just be cool! does it price better on the side? no, it just looks cooler. the name your price tool, only from progressive. call or click today. i got you covered. thank you. oh, you're so welcome. consider the silverado 1500 -- still the most dependable, longest-lasting full-size pickups on the road. and now we've also been recognized for lowest total cost of ownership -- based on important things, like depreciation, fuel, and maintenance costs. and now when you come in, you can trade up to get a total value of $8,000 on a 2012 chevy silverado all-star edition. from outstanding value to standing the test of time, chevy runs deep.
12:50pm
12:51pm
. a supreme court challenge and a presidential election. so now what? christine romans takes a look at what it means for you aun your money in this week's "smart is the new rich." >> the battle over health reform is over. the supreme court has ruled and now the president has been re-elected. the centerpiece of the legislation, when everyone has to have health insurance or pay a penalty, doesn't go into effect until 2014. several key pieces of the new law take effect next year. first, if you're a big earner, your taxes are going up. a new medicare surtax means an individual making $250,000 is
12:52pm
going to pay $450 more a year into medicare. a family earning say half a million dollars is going to pay $2,250 more. on top of that, high income families may also be subject to a new 3.8% medicare tax on investment income. that is high earning families. next, if you contribute to a flexible spending account, the maximum amount you can set aside is $2500. so if you're in the middle of open enrollment now, please plan accordingly. finally, lots of work is happening to get state health insurance up and running. there is where you're going to go to compare and buy plans if you need insurance. enrollment is supposed to start next october, less than a year from now. so far, only 14 states in washington, d.c. are planning to establish their own exchange. they're the ones in blue here. other states have opted to partner with the federal government or just let the government come in and run it altogether. states face a november 16th deadline, this friday, to say
12:53pm
where they stand. i'm christine romans with this week's "smart is the new rich." >> thank you. coming up, a pro golfer playing in a tournament faces a tough obstacle. he felt so sick he almost stopped playing. instead, his story shows unusual toughness. you got to stick around for this. americans believe they should be in charge of their own future. how they'll live tomorrow. for more than 116 years, ameriprise financial has worked for their clients' futures. helping millions of americans retire on their terms. when they want. where they want. doing what they want. ameriprise. the strength of a leader in retirement planning. the heart of 10,000 advisors working with you one-to-one. together for your future. ♪ together for your future. you see us, at the start of the day.
12:54pm
on the company phone list that's a few names longer. you see us bank on busier highways. on once empty fields. everyday you see all the ways all of us at us bank are helping grow our economy. lending more so companies and communities can expand, grow stronger and get back to work. everyday you see all of us serving you, around the country, around the corner. us bank.
12:55pm
♪ (train horn) vo: wherever our trains go, the economy comes to life. norfolk southern. one line, infinite possibilities.
12:56pm
a week after the election, state officials in florida have the final talley in the presidential race. nick, what you have learned? >> susan, the election results are in in the state of florida. cnn can now confirm that president obama has won the state of florida. he edges out governor mitt romney 50.1% of the vote going to president obama. he edges out the governor who won 49.13% of the vote, just over eight million votes cast. with the win, president obama absorbs the 29 electoral votes and tops mitt romney in the final electoral vote count. 332 to 206. again, just in to cnn. we're breaking in now. we are calling the election state of florida goes to president obama. susan? >> all right. nick, thank you.
12:57pm
finally, it came in after all those folks in florida waited in line tirelessly to vote. checking today's other top stories, new details about the surprising resignation of cia director david petraeus. the retired four star general announcing he was stepping down. he made that announcement yesterday citing an extramarital affair. a u.s. official tells cnn the fbi was investigating allegations petraeus was having an affair with his biographer paula broadwell. the official says there were concerns an affair could make petraeus vulnerable to blackmail. nearly two weeks after superstorm sandy, new jersey governor chris christie said he expects nearly all the power to be restored statewide by tonight. meanwhile, about 151,000 households across new york still don't have power. most of those outages are in long island and harder hit areas of queens like the rockaway peninsula. shou this for a golfer gutting it out? charlie belljan complained he was having trouble breathing as
12:58pm
he played that tournament yesterday. in spite of that, the 28-year-old shot an eight under par round and has the lead in that event now. concerned paramedics actually followed him around as he played. talk about dedication. an ambulance took him to the hospital with heart palpatationses as soon as he finished playing. that is amazing. coming up this afternoon, we're going to keep our eyes on d.c. as the petraeus resignation sends shock waivves through the obama cabinet. and putting a face on superstorm sandy from tragedy to acts of generosity, we have the human stories that you want to hear. and the vote counting wrapping up in florida four days after the election. obama the winner. why did it take so long? we're headed down to the sunshine state to shed some light on the situation there. could it happen again? that and so much more athey hth afternoon. "your money" starts right now. >> i have been warning you about it for months.
12:59pm
now that the election is over, the fiscal cliff is finally getting some love. it's an economic storm of our own making that could trigger another recession and kill up to a million jobs next year if congress and the president don't act. this is "your money." the elections are over. the american people have spoken. now it's time for washington to get to work. >> you elected us to focus on your jobs, not ours. >> that's because nothing is more important to our economic recovery than creating jobs. president obama says he'll add 12 million jobs over the next four years. but for his math to work, the pace of economic growth needs to pick up. with a crisis in europe and a slowdown in asia, an economic storm beyond our control stands ready to batter our shores. still, two years of consistent job growth proved we're heading in the right direction. but